High Court at Jodhpur allowed a bail application under Section 439 Cr.P.C. for offences under IPC Sections 341, 323, 325, 307, noting a compromise between parties. Petitioner granted bail conditioned on personal bond and sureties without expressing opinion on merits.
Bail granted; petitioner shall execute personal bond of Rs.50,000 and two sureties of Rs.25,000 each.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 6580/2019
Bhanwar Lal S/o Bega Ram, Aged About 35 Years, B/c Meghwal R/o Village Randhisar , Naya Bas, Kuhadiya Tehsil Sujangarh Distt. Churu
(At Present Lodged In Sub Jail , Sujangarh)
----Petitioner
Versus
State, Through Pp
----Respondent
For Petitioner(s) : Mr. Vikas Bijarnia For Respondent(s) : Mr. Laxman Solanki, PP Mr. Devendra Mahalana
JUSTICE DINESH MEHTA
(VACATION JUDGE)
Order
07/06/2019
This application for bail has been filed by the petitioner under Section 439 of the Cr.P.C. in connection with FIR No.19/2019, Police Station Chhapar, District Churu, for the offences under Sections 341, 323, 325, 307 IPC.
Heard learned counsel for the petitioner, learned Public Prosecutor and learned counsel for the complainant and also perused the material available on record.
Learned counsel for the petitioner submits that the parties have entered into compromise and the complainant does not want to pursue the FIR lodged against the petitioner.
Learned counsel for the complainant Mr. Devendra Mahalana accepts the factum of compromise entered into between the
(2 of 2)
[CRLMB-6580/2019]
parties and the learned Public Prosecutor is also not in a position to controvert the same.
Learned counsel for the petitioner relies upon the judgment of Hon’ble the Supreme Court rendered in the case of Gian Singh Vs. State of Punjab & Anr., particularly para No.12 thereof, to contend that even for the offence punishable under Section 307 IPC, the Court can, in exercise of power under Section 482 Cr.P.C., quash the FIR.
In view of the facts obtaining in the present case, learned counsel for the petitioner submits that nothing remains to be proceeded against the petitioner, inasmuch as the parties are in the process of taking appropriate proceedings for quashment of the FIR in question.
Having regard to the facts and circumstances of the case and without expressing any opinion on the merits/demerits of the case, this Court is of the opinion that the bail application filed by the petitioner deserves to be accepted.
Consequently, the bail application filed under Section 439 Cr.P.C. is allowed. It is ordered that petitioner Bhanwar Lal S/o Bega Ram arrested in FIR No.19/2019, Police Station Chhapar, District Churu shall be released on bail; provided he executes personal bond in the sum of Rs.50,000/- and two sureties of Rs.25,000/- each to the satisfaction of the learned trial Court with the stipulation to appear before that Court on all dates of hearing and as and when called upon to do so.
(DINESH MEHTA),VJ
53-CPGoyal/-
2 issues framed by the court
Whether bail application should be allowed on grounds of compromise despite serious offences.
Whether to accept the compromise without expressing opinion on merits.
Colour shows how this judgement treated each authority
Gian Singh Vs. State of Punjab & Anr.Referred¶21
Gian Singh Vs. State of Punjab & Anr.
2 provisions across 2 enactments
Bhanwar Lal S/o Bega Ram
State
DINESH MEHTA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
DINESH MEHTA
Parties & counsel
